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"RELATING TO CERTAIN ASPECTS OF THE LAWS ON THE USE OF LANGUAGES
IN EDUCATION IN BELGIUM" v. BELGIUM (MERITS) JUDGMENT
conducted in Dutch, "instruments of forced depersonalisation", or to schools
far from their homes. The inconveniences of "scholastic emigration",
although not dictated by the Act, are nevertheless a direct consequence of it.
The Applicants and their children are thus victims of various acts of
interference in their private and family life.
Finally the Acts in issue involve a series of discriminations contrary to
Article 14 (art. 14) of the Convention which are founded, inter alia, on the
language and financial assets of parents. Thus French-speaking children in
Flanders are denied a public or subsidised education in their mother tongue
while Flemish-speaking children do have such an education there.
"Scholastic emigration" for its part redresses certain inequalities only to
replace them by others: extra expense, dangers inherent in public transport,
the rupture of the family, etc. This is not a question of "legitimate
differentiations" but of "discriminations" and what is more, of "active" as
opposed to "static" discriminations. The "parallelism" established by the
law between the two main regions of the country is "more apparent than
real"; moreover, it cannot redress the discriminations committed, in
Flanders as well as in Wallonia, to the detriment of those speaking a
different language, for the Convention proclaims "equality between men
and not between inorganic communities". Admittedly the "Flemish
movement" originally fought "for the promotion of the Flemish man",
which could perhaps possibly explain certain discriminatory measures of a
temporary character: however it is today still "in full career" and is being
transformed into "an instrument of authoritarian imperialism" aiming at
binding the individual to the soil. Indeed, the present purpose of the
legislation consists in "assimilating part of the population by compulsion"
and especially in "liquidating the French-speaking minorities" in Flanders
by obliging their members to become "Flemicised" or to "move away". The
incontrovertible "abuses" of "the last century" were remedied a "long time
ago" and in no way justify "the opposite abuse" introduced "by the 1932
legislation and markedly aggravated by that of 1963". Under the pretence
of "safeguarding national unity", "the country has been divided" thus
producing, despite the official intentions, a "revival of the separatist and
federalist tendencies". The Applicants from Alsemberg, Beersel, Kraainem
and Louvain also attack the suppression of the linguistic part of the
population census (Act of 24th July 1961 and Royal Decree of 3rd
November 1961).
2. Arguments presented before the Court by the Belgian Government
and by the Commission
5. Before the Commission, the Belgian Government held that the laws
on the use of languages in education in the unilingual regions violate none
of the three Articles (art. 8, art. 14, P1-2) invoked by the Applicants. While